S.I. No. 151/1963:

GALWAY HARBOUR WORKS ORDER, 1963.

GALWAY HARBOUR WORKS ORDER, 1963.

I, ERSKINE H. CHILDERS, Minister for Transport and Power, in exercise of the powers conferred on me by section 134 of the Harbours Act, 1946 (No. 9 of 1946), and the Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) Order, 1959 ( S.I. No. 125 of 1959 ), on the application of the Galway Harbour Commissioners and after due compliance with section 136 of the said Act, hereby order as follows:

1. This Order may be cited as Galway Harbour Works Order, 1963.

2. In this Order--

"the Minister" means the Minister for Transport and Power;

"the Commissioners" means the Galway Harbour Commissioners;

"local authority" has the same meaning as in the Local Government Act, 1941 (No. 23 of 1941);

"the plans", "the sections" and "the specification" mean respectively the plans, sections and specification deposited by the Commissioners with the Minister in connection with their application for this Order;

"the works" means the works authorised by this Order.

3. (1) Subject as hereinafter provided, the Commissioners are hereby authorised to carry out and complete in accordance with the plans, sections and specification the following works, that is to say--

(i) The linking of the Commercial Dock and the Dun Aengus Dock by the removal of the neck of land between the two docks.

(ii) The removal of the existing dock gates at the Commercial Dock, and the closing of the existing entrance to this dock.

(iii) The dredging of soft and loose materials from the bottom of the Commercial Dock and Dun Aengus Dock.

(iv) The dredging of soft and loose materials from the Approach Channel and Turning Area.

(v) The deepening of part of the Commercial Dock by rock removal to a depth of 9.64 feet below Ordnance Datum.

(vi) The construction of the necessary length of new walls in mass concrete.

(vii) The reconstruction and restoration of road surfaces.

(viii) The construction of passenger and goods transit sheds.

(ix) The making good of the leak in the Dun Aengus Dock gates.

(x) The provision and installation of additional channel buoys.

(xi) The installation of modern dock lighting.

(2) In executing the works the Commissioners may, with the consent in writing of the Minister, deviate laterally to any extent within the limits of deviation marked on the plans and may, with the like consent, deviate vertically to any extent from the levels of these works as shown on the sections.

4. The works shall be completed within four years from the making of this Order.

5. The Commissioners shall take such steps as may be necessary in the course of the works for the protection of persons and animals, vessels using Galway harbour and all other property.

6. (i) The Commissioners shall not permit blasting in connection with the works at times or in a manner likely to cause injury or inconvenience to any person or injury to animals, vessels using the harbour or any other property.

(ii) For the protection of the salmon fisheries of the River and Lough Corrib and the persons interested therein, nothing in this Order shall be deemed to permit or authorise the Commissioners, for the purpose of executing the works or otherwise, to use any explosive substance or permit any contractor, servant or agent acting on behalf of the Commissioners to use any such substance within the area of the works in any ground for the time being covered with water or in any water during the months of February, March, April, May, June, July or August in any year, save and except within--

(a) the area between the Commercial Dock and the Dun Aengus Dock which is shown coloured pink on the plan sealed in triplicate with the official seal of the Minister and the seal of the Commissioners, one copy of which has been deposited with the Minister, one with the Clerk of the Board of Conservators of Fisheries for the Galway District and one with the Secretary to the Commissioners, and

(b) the area mentioned in subparagraph (v) of paragraph (1) of Article 3 of this Order which is shown coloured blue on the said plan.

(iii) Whenever it is intended to use any explosive substance within the area of the works in any ground for the time being covered with water or in any water, the Commissioners shall cause not less than three hours' notice of such intention to be given in writing on behalf of the Commissioners to the Clerk of the Board of Conservators of Fisheries for the Galway District or to such person as he may from time to time designate to receive such notices on his behalf.

(iv) The Commissioners shall take such steps as may be necessary for the safe custody and storage of any explosive substance to be used for blasting and shall comply with any regulations of the Department of Justice or of any local authority in respect of such custody and storage.

(v) Subject as aforesaid it shall be lawful for the Commissioners to use or permit to be used explosives as and where the Commissioners may be advised, for the purpose of executing the works.

7. (i) The Commissioners may cause any public or private roads, highways, streets and footpaths, as shall be in or near the intended situation of the works to be temporarily opened up, broken up, stopped up or otherwise interfered with as they shall think necessary or convenient for making and completing the works or in connection with the works or any of them or the operations and conveniences connected therewith or for any of the purposes of their undertaking, so that the Commissioners do previous to the opening up, breaking up, stopping up or otherwise interfering with the same make and provide in lieu of such roads, highways, streets and footpaths good and sufficient means of passing and repassing or conducting traffic by roads, highways, streets and footpaths as convenient in all respects as the public and private roads, highways, streets and footpaths to be temporarily opened up, broken up, stopped up or otherwise interfered with are accustomed to serve.

(ii) The Commissioners may also cause the subsoil under public or private roads, highways, streets and footpaths and any railways, sidings, tunnels, streams, watercourses, sewers, drains, pipes, hydrants, gas mains, electric cables, wires and apparatus as shall be in or near the intended situation of the works to be either temporarily or permanently opened up, broken up, crossed, altered, extended, diverted or otherwise interfered with as they shall think necessary or convenient for making and completing the works or in connection with the works or any of them or the operations or conveniences connected therewith or for any of the purposes of their undertaking, so that the Commissioners do previous to opening up, breaking up, crossing, altering, extending, diverting or otherwise interfering with the same provide in lieu of such railways, sidings, tunnels, streams, watercourses, sewers, drains, pipes, hydrants, gas mains, electric cables, wires or apparatus, good and sufficient means of passing and repassing or conducting traffic by railways or sidings and good and sufficient means for conveying off the water and sewage from the adjoining or neighbouring lands and premises affected and sufficient alternative electric cables, wires or other apparatus for such purposes as the electric cables, wires and other apparatus so to be altered or interfered with are accustomed to serve, as convenient in all respects as the tunnels, streams, watercourses, railways, sidings, sewers, drains, pipes, hydrants, gas mains, electric cables, wires and apparatus to be opened up, broken up, crossed, altered, extended, diverted or otherwise interfered with as aforesaid.

8. Before interfering under this Order with any works under the control of a local authority the Commissioners shall give three weeks' previous notice in writing to such local authority of the nature of their intended interference and the Commissioners shall exercise their powers in respect of any such works to the reasonable satisfaction of such local authority.

9. The Commissioners shall not be authorised by virtue of this Order to interfere with any work under the control of any of the following bodies, that is to say, the Electricity Supply Board, Córas Iompair Éireann or The Galway Gas Works without having obtained the previous consent in writing of such body or of the Minister who, before giving such consent, shall consult with such body and consider any representation which such body shall make to him.

10. Subject as aforesaid, in case of any dispute or difference between the Commissioners and any person or body aggrieved by anything done or omitted to be done by the Commissioners in exercise of their powers under this Order, every such dispute or difference shall be referred, with full power to award costs, to the final decision of two Arbitrators, one chosen by each party, and, if the Arbitrators disagree, of an Umpire chosen by the Arbitrators before they sit or, in the event of disagreement, by the President for the time being of the Institution of Civil Engineers of Ireland and shall be deemed to have been so referred in pursuance of an arbitration agreement executed by the parties.

11. Nothing in this Order shall affect any right of the State to or over foreshore or any lands which have at any time been foreshore.

12. Nothing in this Order shall authorise any interference except by consent of the Minister for Posts and Telegraphs with any telegraphic lines of the Minister for Posts and Telegraphs as defined by the Telegraph Acts, 1863 to 1953, or other property of the Minister for Posts and Telegraphs, or any of the rights of the Minister for Posts and Telegraphs under the said Acts.

13. Save as in this Order otherwise expressly provided, nothing in this Order contained shall take away, lessen, prejudice, alter or affect any of the duties, rights, privileges, property, power and authorities of the Electricity .Supply Board, Córas Iompair Éireann or the Galway Gas Works.

14. All costs, charges, fees and expenses of or incidental to preparing and obtaining this Order or otherwise incurred in relation thereto shall be paid by the Commissioners out of their funds.

GIVEN under my Official Seal this 7th day of August, 1963.

ERSKINE H. CHILDERS,

Minister for Transport and Power.

EXPLANATORY NOTE.

The effect of this Order is to authorise Galway Harbour Commissioners to carry out improvement works at Galway Harbour consisting of the linking of the two existing docks into one unified dock system, and associated ancillary works.